A prisoner who suffered serious burns and a broken eye socket in a cell attack has lost his civil claim against the Isle of Man Prison.
The claimant was scalded with sugared hot water and physically assaulted by another inmate, Stefan Proverbs, on October 19 2019. Proverbs was later sentenced to eight years for causing grievous bodily harm with intent.
The Claimant alleged prison staff should have done more to prevent the attack, given previous bullying complaints. However, Deemster John Needham ruled the defendant had not breached its duty of care.
Deemster Needham said: “My finding is that it has not been established on the balance of probabilities that the Defendant breached its duty of care to keep the Claimant reasonably safe whilst in prison.”
The court heard that a Stage 2 anti-bullying investigation had been opened after the Claimant reported spitting and verbal threats. That file was closed on 27 September 2019 following a period of calm.
The Deemster noted: “In the event SP was cunning, he hid his intentions from the prison staff and planned the assault to occur in a way that his actions would not be easily detectable by staff prior to the assault.”